The High Court of Kerala dismissed the bail application of Krishnankutty, accused of counterfeit currency offences under Sections 489-B and 489-C IPC, citing interference with investigation and witness tampering risks.
The bail application was dismissed; the petitioner remains in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933
Bail Appl..No. 9114 of 2011()
----------------------------CMP.6045/2011 of J.M.F.C.-II, KOLLAM Crime No.892 of 2011 of Kottiyam Police Station, Kollam District.
PETITIONER -----------------------------KRISHNANKUTTY, S/O.CHELLAPPAN,RAJI BHAVANIL,TITANIUM WARD, SHANKUMUGHAM,T.C.NO.32/1132,KARIKKAKOM MURI, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM
BY ADV. SRI.B.MOHANLAL
RESPONDENT(S): ---------------
STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION IN KOLLAM DISTRICT PENDING BEFORE THE DETECTIVE INSPECTOR, CBCID-OCW-1 UNIT,THIRUVANANTHAPURAM IN CBCID-OCW-1 SUB UNIT,KOLLAM
BY P.P.SRI.R.RANJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J .
B.A.No . 9114 OF 2011
Dated this the 24th day of November , 2011
ORDER
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.892 of 2011 of Kottiyam Police Station, Kollam District.
2.The offences alleged against the petitioner are under Sections 489-B & 489-C of the Indian Penal Code.
3.The prosecution case is the following:
On 30.7.2011, one Maggi Paulose tendered two
counterfeit currency notes of the denomination of `500/-, while she was being discharged from the hospital. Suspecting that the currency notes were counterfeit currency notes, the matter was informed to the police. Maggi Paulose stated that she borrowed the amount from her sister. Sister of Maggi
B.A.No.9114 OF 2011 2
Paulose stated that she got the currency notes from the accused. On a search in the house of the petitioner, the police could seize 8 counterfeit currency notes of the denomination of `500/-. The petitioner was arrested on 27.10.2011.
4.The C.B.C.I.D has taken over the investigation, as per the order dated 2.9.2011. The investigation is going on. The source of currency notes is to be traced out.
B.A.No.9114 OF 2011 3
with evidence.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T.SANKARAN, JUDGE
cms
1 issue framed by the court
Whether bail should be granted to the accused facing charges under Sections 489-B and 489-C of the IPC given the impact on investigation and risk of witness tampering.
2 provisions across 2 enactments
Krishnankutty
State of Kerala
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
